BOARD DATE:	  4 September 2012

		DOCKET NUMBER:  AR20110022409 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of the following items on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 3 February 1970 to show in :

   a.  item 17c (Date of Entry) he entered active duty in 1960 instead of 4 December 1966 in Jayuya, PR.
   
   b.  item 18 (Prior Regular Enlistments) he has two prior Regular enlistments instead of one.
   
   c.  item 19 (Grade Rate or Rank at Time of Entry Into Current Active Service) he entered active duty in the rank and pay grade of sergeant (SGT) instead of specialist five (SP5).  
   
   d.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded the Prisoner of War (POW) Medal, Bronze Star Medal with "V" Device, Purple Heart, and additional awards of the Army Good Conduct Medal.
   
   e.  item 25 (Education and Training Completed) he completed computer training at Central Texas Community College.  
   
   f.  item 28 (Department of Veterans Affairs (VA) Claim Number) he has a VA claim number.  
   
   g.  item 30 (Remarks) his blood group as "O" instead of "B."
   
   h.  item 31 (Permanent Address for Mailing Purposes After Transfer or Discharge) his permanent address for mailing as Jersey City, NJ instead of Jayuya, PR.

2.  He states his POW award letter, which he lost, and other items are not correctly listed on his DD Form 214.  He made handwritten entries on his DD Form 214 indicating:

* his date of entry into military service should have been 1960 in Jayuya, PR
* he completed computer training at Central Texas Community College while he was in the Army 
* he was informed while in the Army that his blood type was "O"

3.  He provides:

* Letter addressed to the Army Review Boards Agency, Support Division, St. Louis, MO
* DD Form 214
* Two DD Forms 215 (Correction to DD Form 214)
* Orders awarding him the Bronze Star Medal with "V" Device and the Purple Heart
* Letter from the Military Awards Branch
* Certificate of Appreciation

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.


2.  The applicant's request for correction of his DD Form 214 for the period ending 3 February 1970 to show award of the Bronze Star Medal with "V" Device and the Purple Heart is acknowledged.  However, he was issued DD Forms 215 on 31 January 2001 and on 12 March 2001, which show his DD Form 214 for the period ending 3 February 1970 was amended to show award of the Bronze Star Medal with "V" Device and the Purple Heart, respectively.  Therefore, this portion of his request will not be discussed further in this Record of Proceedings.  

3.  The applicant underwent a pre-induction physical examination on 23 June 1961.  His Standard Form 88 (Report of Medical Examination) and Standard Form 601 (Immunization Record) do not indicate his blood type.  He was inducted into the Army of the United States (AUS) on 26 September 1961.  

4.  He was released from active duty on 10 September 1963 after completion of 1 year, 11 months, and 15 days creditable active service.  On the following day, he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  His DD Form 214 for this period indicates he was inducted in the AUS on 26 September 1961 and his blood group is listed as "B."  His service record is void of evidence which indicates he entered active duty in 1960.  

5.  He enlisted in the Regular Army on 4 December 1963 in the rank and pay grade of private first class, E-3.  

6.  Special Orders Number 110, dated 31 May 1966, show he was promoted to the temporary grade of SGT, E-5.

7.  He was honorably discharged on 3 December 1966 in the rank of SGT.  At the time of his discharge, he had completed 3 years of creditable active service during that enlistment.  His DD Form 214 for this period shows in:

* item 3a (Grade, Rate, or Rank) his rank and pay grade as SGT, E-5 (T), indicating temporary grade
* item 19c (Date of Entry) he enlisted in the Regular Army on 4 December 1963
* item 23 (Home of Record (HOR)) his HOR as Jayuya, PR
* item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he wasn't awarded the POW Medal or Army Good Conduct Medal during this period 
* item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) he didn't complete any training courses
* item 32 (Remarks) his blood group as "B"
* item 33 (Permanent Address for Mailing Purposes After Transfer or Discharge) his permanent address for mailing same as listed in item 23, Jayuya, PR

8.  He reenlisted on 4 December 1966 in the temporary rank of SGT, E-5.  He was promoted to staff sergeant (SSG), E-6 on 29 December 1966.

9.  Headquarters, 4th Battalion, 21st Infantry Regiment, 11th Infantry Brigade, General Orders Number 1, dated 26 January 1968, indicate he was awarded the Army Good Conduct Medal (1st Award) for the period 4 December 1963 to 3 December 1966.  His service record is void of orders which indicate he was awarded any additional awards of the Army Good Conduct Medal.  

10.  His DA Form 20 (Enlisted Qualification Record) does not show any indication of his blood group.  However, this form shows in:

* item 31 (Foreign Service) he served in Vietnam from 11 April through 9 October 1968  
* item 32 (Civilian Education) he completed 3 semester hours of training at Central Texas College 
* item 33 (Appointments and Reductions) he was promoted to the permanent rank of SGT, E-5 on 31 May 1966
* item 38 (Record of Assignments) he was assigned to Company D, 4th Battalion, 21st Infantry Regiment, 11th Infantry Brigade in Vietnam
* item 38 he received conduct and efficiency ratings of "excellent" 
* item 41 (Awards and Decorations) award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal (1st Award), Bronze Star Medal, and Expert Marksmanship Qualification Badge with Rifle Bar 
(M-14)

11.  His service record is void of evidence which indicates he was captured or held as a POW in Vietnam and is void of orders which indicate he was awarded the POW Medal.  A search of the National Archives and Records Administration archival databases failed to reveal evidence that the applicant was a POW during the Vietnam War.  

12.  He was honorably discharged on 3 February 1970 in the rank of SSG.  His DD Form 214 for the period ending 3 February 1970 shows in:

* item 17c he entered active duty on 4 December 1966 
* item 18 he had one prior Regular enlistment
* item 19 he entered current active service in the rank of SP5
* item 24 he was awarded or authorized the Bronze Star Medal, one overseas service bar, Expert Marksmanship Qualification Badge with Rifle Bar, Army Good Conduct Medal, National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960)
* item 25 no entry to show he completed computer training 
* item 28 the entry "NA"
* item 30 his blood group as "B"

13.  His service record does not indicate he was assigned a VA claim number prior to his discharge.  

14.  He provided a copy of his letter, dated 21 October 2011, addressed to the Army Review Boards Agency, St. Louis, MO.  

   a.  he requested a document to show his POW status which was awarded to him, but it was destroyed in the flooding in his basement.  
   
   b.  he states he was awarded this POW document due to circumstances surrounding actions in Vietnam.  
   
   c.  he further states he was in the hands of the enemy, "so to speak," and he was wounded on 23 September 1968 at about 10:00am.  The members of his unit couldn't rescue him from the enemy until after 6:00pm.  The gunshot wound to his left hip was very disabling and he was unable to get up or walk.  He continued to plug wound with infected dirt to keep from bleeding to death.  The toxins in the dirt caused his wound to get infected and prolonged his recovery time in the hospital.  

15.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

16.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The version in effect at the time directed:

   a.  the date entered on active duty or date enlistment or reenlistment would be entered in item 17c.  If the qualification record of an enlisted member of the Regular Army indicated he was discharged from a previous enlistment or enlistments and immediately reenlisted without being furnished a DD Form 214, the date to be entered in this item would be the earliest date not previously covered by a DD Form 214.
   
	b.  the number of prior Regular Army enlistments the individual has completed will be entered in item 18.

	c.  the grade in which individual actually entered on current tour of active duty will be entered in item 19.  If the qualification record of an enlisted member indicates he was discharged from previous enlistment or enlistments and immediately reenlisted without being furnished a DD Form 214, enter grade held on entry into earliest period of active service to be covered by this DD Form 214.

	d.  all decorations, service medals, campaign credits, and badges awarded or authorized will be entered in item 24 from DA Form 20.

   e.  service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during period covered by the DD Form 214 will be entered in item 25.

	f.  the claim number will be entered in item 28 and is as important to the VA as the service number is to the Armed Forces.  If one has been assigned to the individual, it may be obtained from any correspondence he has received in connection with benefits for which he has previously applied.  

   g.  the service member’s "blood group" from the Immunization Record or the DA Form 20 will be entered in item 30 of the DD Form 214. 
   
   h.  in the case of POWs, the unit of assignment, country, and dates of capture and release will be entered in the “Remarks” section of the discharge document.
   
   i.  the permanent address for mailing purposes furnished by the individual at the time of separation.  This should be the place of residence or forwarding address and entered in item 31.  

17.  Army Regulation 600-8-22 (Military Awards) states the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive after 5 April 1917.  The POW Medal is to be issued only to those U.S. military personnel and other personnel granted creditable U.S. military service who were taken prisoner and held captive:

* while engaged in an action against an enemy of the United States
* while engaged in military operations involving conflict with an opposing foreign force
* while serving with friendly forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party
* by foreign armed forces that are hostile to the United States, under circumstances which the Secretary concerned finds to have been comparable to those under which persons have generally been held captive by enemy armed forces during periods of armed conflict

18.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the Vietnam Counteroffensive Phase IV and Vietnam Counteroffensive Phase V campaigns.  

19.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was inducted into the AUS on 26 September 1961 and was discharged on 10 September 1963.  He was issued a DD Form 214 that covers this period of service, and a copy of it will be provided to him.  

2.  The evidence of record shows he enlisted in the Regular Army on 4 December 1963 and he was discharged on 3 December 1966 for the purpose of immediate reenlistment.  He was issued a DD Form 214 that covers this period of service, and a copy of it will be provided to him.  

3.  He reenlisted on 4 December 1966 and was discharged on 3 February 1970.  He was issued a DD Form 214 which correctly reflects the date he entered active duty as 4 December 1966, the date of his immediate reenlistment.  Since there is no evidence which indicates he entered active duty in 1960, there is no basis for correcting item 17c of his DD Form 214 for the period ending 3 February 1970.

4.  The evidence of record indicates he initially enlisted in the Regular Army on 4 December 1963.  Therefore, his DD Form 214 for the period ending 3 February 1970 properly reflects one prior Regular enlistment in item 18.

5.  He was promoted to the permanent rank of SGT on 31 May 1966 and he reenlisted on 4 December 1966 in this rank.  However, his DD Form 214 for the period ending 3 February 1970 incorrectly reflects the rank he entered into current active service as SP5.  Therefore, item 19 of this discharge document should be amended to reflect the entry "SGT."  

6.  His service record is void of evidence which indicates he was a POW during the Vietnam War and his name is not listed in the National Archives and Records Administration archival database.  By his own admission, he was never taken prisoner or held captive by the enemy.  Therefore, there is insufficient evidence on which to grant him award of the POW Medal and to correct item 24 of his DD Form 214 for the period ending 3 February 1970 to show this medal.

7.  General orders show he was awarded the Army Good Conduct Medal (1st Award) for the period 4 December 1963 through 3 December 1966.  

8.  His service record is void of orders which show he was awarded the Army Good Conduct Medal for period of qualifying service from 4 December 1966 through 3 December 1969.  He was allowed to reenlist.  No evidence is available which indicates he received any disciplinary action or a commander's disqualification for award of the Army Good Conduct Medal during this period.  Therefore, he is entitled to award of the Army Good Conduct Medal (2nd Award) for the period 4 December 1966 through 3 December 1969 and correction of item 24 of his DD Form 214 for the period ending 3 February 1970 to show this medal.

9.  His DA Form 20 indicates he completed 3 semester hours of training at Central Texas Community College.  However, the subject of the training was not listed.  His service record is void of evidence and he has not provided any evidence which indicates he successfully completed computer training or that such training was military sponsored.  Therefore, there is no basis for amending item 25 of his DD Form 214 for the period ending 3 February 1970 to reflect he completed computer training at Central Texas Community College.  

10.  His service record is void of evidence which indicates a VA claim number was assigned to him while he was on active duty.  He has not provided any correspondence from the VA indicating he was assigned a VA claim number or when.  Therefore, there is no basis for correcting item 28 of his DD Form 214 for the period ending 3 February 1970 to show a VA claim number.  
11.  His Immunization Record does not indicate his blood type as "O."  Although he contends he was informed in the Army that he was type "O," there is no evidence and he has not provided any evidence which shows his blood type as "O."  Therefore, there is no basis for amending item 30 of his DD Form 214 for the period ending 3 February 1970 to show his blood type as "O."

12.  By regulation, the permanent address for mailing purposes is provided by the Soldier at the time of separation.  His DD Form 214 for the period ending 3 February 1970 indicates his permanent address as Jayuya, PR, the same as his HOR.  Therefore, it appears he did not provide the Jersey City, NJ address at the time of his discharge on 3 February 1970 and there is no basis for correcting item 31 of his DD Form 214 to show this address.  

13.  Headquarters, U.S. Army Vietnam, and its subordinate units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 20 July 1965 to 28 March 1973.  The applicant was assigned to a qualifying unit during this period.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 3 February 1970 to show this unit award.

14.  The applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 for the period ending 3 February 1970 to show these bronze service stars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x___  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the DD Form 214 for the period ending 3 February 1970 of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (2nd Award) for the period 4 December 1966 through 3 December 1969;
	b.  	deleting the Army Good Conduct Medal and the Vietnam Service Medal from item 24;

	c.  	amending item 24 to add award of the Army Good Conduct Medal (2nd Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with two bronze service stars;

   d.  deleting the entry "SP5" from item 19 and replacing it with the entry "SGT."
   
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending the following items on his DD Form 214 for the period ending 3 February 1970 to show:

* item 17c he entered active duty in 1960
* item 18 he had two prior Regular enlistments
* item 25 he completed computer training at Central Texas Community College
* item 28 he had a VA claim number
* item 30 his blood group is "O"
* item 31 his permanent address for mailing was Jersey City, NJ




      _______ _ x  _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110022409



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ABCMR Record of Proceedings (cont)                                         AR20110022409



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